Both sides in Pilot Flying J cases seek consolidation of rebate suits

Panel to consider motions on July 25

Jun. 25, 2013

Written by

Walter F. Roche Jr.

The Tennessean

Attorneys for Pilot Flying J and trucking companies that claim to be victims of a rebate skimming scam by the national truck stop firm are seeking to have almost a dozen cases consolidated in a single court in Nashville, Cleveland or Jackson, Miss.

In the weeks after the FBI raided Pilot’s Knoxville headquarters in April, several lawsuits were filed against the company across the country.

The motions to consolidate 11 of those suits filed in federal court note that all the lawsuits are based on the same 120-page FBI affidavit, which includes partial transcripts of secretly taped meetings of Pilot sales staff and managers in which they discussed their system of reducing rebates.

In a suit filed in Ohio, lawyers for Ohio Auto Delivery cited the similarity of the claims in all the cases and argued that consolidation “will promote the just and efficient conduct of the actions, as well as further the convenience of the parties and witnesses, by eliminating duplicative discovery and the potential for inconsistent rulings.”

In a separate suit filed in Florida, attorneys for Pilot concurred.

Pilot’s lawyers have asked that the individual pending cases be put on hold until a special judicial panel meets on July 25 to consider the various consolidation motions.

Asked to comment on the consolidation motion, Pilot spokesman Tom Ingram said in an email, “As we have said from the beginning, civil suits are expected in matters like this; we will defend them appropriately; any current activity related to the suits is part of that defense.”

Pilot CEO James A. Haslam has said he did not know of the rebate reductions and has vowed to reimburse truckers with interest for any losses. Five Pilot employees have reached plea agreements with federal prosecutors, admitting they participated in a scheme to fraudulently deceive customers.

One suit, by Nebraska trucker Paul Otto, was filed against Pilot in U.S. District Court in Nashville.

The consolidation motions do not immediately affect suits in state courts.